The Supreme Court on Wednesday commuted the death sentence of a man, convicted for killing five members of his family, including his wife and three children, to life in jail till “last breath”.
A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta upheld the conviction of Byluru Thippaiah, who hails from Ballari district in Karnataka, for the “barbaric and ruthless murders” of his five family members.
“Considering the sum-total of circumstances that drove the appellant-convict to this point of committing this crime of a most reprehensible nature, the death penalty may not be appropriate,” the verdict noted.
The judgment continued, “He should spend his days in jail attempting to repent for the crimes committed by him. As such, these appeals are partly allowed to the extent that he is released from death row. Instead, he shall await his last breath in prison, without remission.”
The bench observed that the high court, despite having considerable information, did not consider “appropriately and sufficiently” the various reports including mitigation reports.
The bench said the probation report reveals that Thippaiah had no antecedents and had mixed opinion on whether he was suitable for reformation or not.
“The ‘Conduct and Behavioural Report’ submitted by the Government of Karnataka, Prisons and Correctional Services records that he has ‘good moral character’ and ‘good conduct’ with co-prisoners and prison officials.”
It also came on record that the convict participated in the basic literacy program organised by the Zilla Lok Shiksha Samiti and passed with “good rank”.
The mitigation report underscored the convict’s lack of paternal or maternal love and care turning into “extreme protectiveness” after the death of his brother.
Also found were difficulties in his learning which made him drop out of school and making impulsive decisions in business often leading to losses.
“Once incarcerated, it appears that mental health struggles have been a constant and unwelcome companion. He considered making an attempt to take his own life on two occasions, one when he found out about the deaths of his entire family and two, when he himself was sentenced to death,” the bench noted.
The convict, the report found, had the ability to adapt, engage in constructive activities, pursue an education despite past difficulty and he continued to worry about his daughter’s future while indicating a notable capacity for reform and personal growth.
The bench noted it was the third time in an “unfortunate line of cases” that travelled up to the court in the recent past and were “ripe for adjudication” where it was found that all sense of responsibility and propriety had been “given a go by, by the convict”.
Thippaiah was held guilty of charges framed against him in 2017 and the high court confirmed the sentence on May 30, 2023.
On February 25, 2017, Thippaiah assaulted his wife, sister in-law and his three children. (PTI)
